What does a consular officer look for when determining an applicant's qualification for a nonimmigrant visa?

In making that determination the officer considers the applicant’s personal circumstances, travel plans, financial resources and ties outside of the United States that will ensure his/her departure from the U.S. after a temporary visit.

My application was refused under Section 214(b). What does that mean?

Section 214(b) of the Immigration and Nationality Act (INA) states, in part, that every applicant "…shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, …that he is entitled to nonimmigrant status…" The consular officer is required by law to deny a nonimmigrant visa to any applicant who cannot overcome this presumption by demonstrating sufficient ties to Zambia to convince the consular officer that the applicant will return to Zambia after a visit to the U.S.

I've been denied a visa under 214(b). If I bring in more documents, will I receive a visa?

Applying for a non-immigrant visa is not primarily a document-based process. The main issue in determining whether an applicant qualifies for a visa is intent. In some cases, documents can help establish an applicant’s intent to return to Zambia by showing that the applicant is well established here. In other cases, the circumstances are clear enough that documents are unnecessary. If your visa application has been refused it is highly unlikely that any document you could provide would alone alter the consular officer’s decision. You are unlikely to qualify for a nonimmigrant visa until your economic/personal circumstances have changed significantly.

I live in the Congo, but it is closer for me to apply in Lusaka than Kinshasa, why can’t you issue me a visa in Lusaka?

The consular officers who evaluate your application are accredited in Zambia and are only able to assess your ties to Zambia. It is not possible for consular officers here to be experts about all other countries, or to understand any social or economic ties you may have to another country. Consular officers in your home country are better able to assess your situation there.

I am a legal resident of Zambia. Why don’t I qualify for a waiver?

It is quite difficult for recent immigrants to Zambia to demonstrate sufficiently strong ties here to qualify for a non-immigrant visa to the United States. There is no magic formula that will work in each case. In general, you must be able to show that you have settled in Zambia and that this is, and will remain, your permanent home. In reviewing your application, the consular officer considers many aspects such as: How long have you been at your current address? How long have you been at your current job? Are you, or are your children enrolled in school? What commitments do you have here that would compel you to return to Zambia? What social ties do you have in Zambia? Often, it is a question of time, and the best way to qualify for a visa is to reside in Zambia for a longer period of time and to build further social, professional, and economic ties here.

Why didn’t they tell me when I called that I would not get a visa?

Each visa application is thoroughly examined and evaluated on its own merits. Since it is impossible to obtain all relevant facts without seeing your passport and completed application, we are unable to tell you by phone whether you will or will not receive a visa. Our telephone information system, as well as information distributed on the Internet, is designed to give general information regarding the visa application process and suggest types of information that might help demonstrate eligibility for a U.S. visa. However, in no circumstances is someone able to guarantee in advance that you will receive a U.S. visa.

Why can’t I get my money back?

The fee that you paid is an application fee. Everyone who applies for a U.S. visa anywhere in the world must pay this fee, which covers the cost of adjudicating your application. As the application form states, this fee is non-refundable regardless of whether you are issued a visa or not. If your application was refused under Section 214(b) and you choose to reapply for a visa, whether at this Embassy or elsewhere, you will be required to pay the application fee again.

Why have you stamped the back of my passport?

The stamp in your passport, along with our worldwide computer system, simply indicates that your visa application was processed here in Lusaka. This stamp assists us in matching subsequent applications with a file.

Will the stamp in my passport prevent me from getting a visa in the future?

Having your visa application refused does not make you ineligible to receive a visa in the future. U.S. consular officers will understand that your application here was evaluated and refused based on your circumstances at that time. If these circumstances change appreciably, you could at some point qualify for a visa.

If I do not understand why my application was denied, what can I do?

If you do not understand why we were unable to issue you with a visa, you may write to the Consular Section, P.O. Box 31617, Lusaka, Zambia, for a written explanation. Please, if you must call our offices, do so Monday or Wednesday between 1400 and 1600 and someone will be able to assist you. Note: The Consular Section does not review applications and there is no appeal process. If you wish to reapply for a visa, you may do so by making a new application in accordance with the instructions in the form letter given to you with your passport at the end of your interview.

Isn’t free travel a human right?

The United States Government upholds the right to free travel as a basic human right. However, immigration to the United States is not a right. If you are able to establish that you are a bona fide nonimmigrant and that you qualify for a visa, you will be able to travel to the United States as a temporary visitor.